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<br /> (active or passive) of Licensee (including, without limitation, its agents and independent
<br /> contractors and their ragents and independent contractors), that arises out of or relates in any
<br /> manner to (a) the Work; or (b) Licensee's;breach of this Agreement; or, (c) any contaminant
<br /> (including, without limitation, any refined or unrefined petroleum and degradation products
<br /> thereof) at, on, in, under, or affecting the Property and/or the shopping center as the result of any
<br /> spill, emission, migration, escape, discharge, leak, or release%from any tank, equipment or
<br /> installation that Licensee owns, operates, or maintains or for which it otherwise may be
<br /> responsible if required by or resulting from an-agency order or regulatory or statutory
<br /> requirement.
<br /> Owner, its officers, attorneys, agents and employees shall not be liable for,and Licensee,
<br /> for itself and its subcontractors,waives and 'releases all claims and damage to persons or property
<br /> sustained by Licensee, or any of its subcontractors, and resulting from any accident or
<br /> occurrence in or upon the Property during the term of this Agreement, except to the extent that
<br /> any said claim or damage may be attributed to the gross negligence or intentional act of Owner.
<br /> Licensee releases Owner from any claim arising out of the condition of the Property. Licensee
<br /> I, releases Owner from any claim for materials or labor, or any lien which Licensee may have
<br /> arising out of the Work.
<br /> 10. Insurance. Prior to any entry upon the Property, Licensee, at no cost or expense
<br /> to Owner, shall cause its consultant to provide the insurance described on Exhibit B-.which is
<br /> attached hereto and invade a part hereof The amounts of insurance specified are minimum
<br /> amounts only and will in no way limit the liability or obligations of Licensee under this
<br /> Agreement, nor constitute any representation by Owner that the amount of such insurance is
<br /> adequate for Licensee's purposes or protection.
<br /> 11. Termination of Agreement. ,This Agreement shall terminate upon the completion
<br /> of the Work and the restoration of the Poperty including, without limitation, backfilling or
<br /> closing out of boreholes or wells as provided herein, but the duty of Licensee to indemnify,
<br /> defend and save Owner and the Indemnified Parties harmless, as provided in Sections 6 and 9,
<br /> and the duty of Licensee to refrain from the unauthorized distribution or communication of
<br /> information concerning or,arising out of the Work as provided in.Section 2(b), and the duty of
<br /> Licensee to restore the Property as provided in Sections 7 and 8, shall survive termination of this
<br /> Agreement.
<br /> 12. Intentionally Omitted.
<br /> 13. No Waiver of_Rights. This;Agreement does not limit, waive or release the right
<br /> of the Owner to pursue any remedy available at law or in equity for conditions attributable to the
<br /> release or migration of contaminants from a source that is not located on or at the Property.
<br /> I'4 14. . Attorney' and Consultants' Fees. If any legal.action is brought to enforce or
<br /> interpret any part of.this Agreement, the prevailing party in any such action shall be entitled to
<br /> recover as an element of its costs of. suit, and not as damages, reasonable attorneys' and
<br /> consultants' fees and`costs.
<br /> 15. Notices. All notices given pursuant to or in connection with this Agreement shall
<br /> be in writing and shall be transmitted either by personal delivery, or a nationally recognized
<br /> overnight courier which keeps receipts of delivery (such as Federal Express or Airborne), or
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